Wednesday, November 30, 2011

WATER IS A MANY SPLENDORED THING

During a visit to the Czech Republic this Fall, I heard repeatedly: "in Central Europe, all things are possible." When it comes to drinking water, I certainly believe it. In point of fact, Czechs produce four different types of excellent drinking water.

First, of course is their fine tap water. In Prague there has been a water system serving Prague Castle dating back to the 14th Century. Wood pipes brought water from a nearby brook. Indeed, residents proudly point to water towers still standing like ancient sentinels guarding a bridge over the Vlatava river.

The first modern water system in Prague was built at the turn of the 20th Century. After the Velvet Revolution of 1989, many improvements were made. Prague Water Co. became part of the Veolia Water Group. Today, most of the City's water supply comes from a reservoir called Svihov, which is the largest in Central Europe. The raw water is treated a a facility some 65 kilometres south of Prague. The balance of the water supply is treated at a second facility which receives water from artesian wells and a river.

A second type of drinking water is the plethora of bottled water produced from springs and artesian wells in the country. In every restaurant, it seems, a waiter routinely will offer a choice of local "still" or "fizzy" bottled water. At meetings, conference tables will be cluttered with a variety of bottles of each kind.

A third type of drinking water is "spa water", a kind of water provided at such spa towns as Karlovy Vary (Carlsbad). People come from all over the world to drink this special water for its medicinal properties. Doctors often prescribe spa time for their patients to take part in the purported curative effects of the experience. I have sampled this water; and frankly, it tastes awful and smacks of sulphur and hydrogen sulphide. One sips the water slowly from a cup that looks like an inverted tea kettle while walking through town; but, if smart, one never wanders very far from toilet facilities.

A fourth form of drinking "water" is the beer (pivo) for which Czechs are famous. Beer may be consumed at any hour of the day, and it is said that Czechs drink more beer per capita than in any other country. I can attest that it is that good! Once, to my wife's horror, I ordered a "gran pivo" at one of those tourist wet stations that line the Old Town Square. To my horror, the waiter brought a vessel the size of a hot water heater tank. I had to drink it all, to save face. However, as in the case of spa water, I quickly learned that if one should order a gran pivo, if smart, one also should not wander very far from toilet facilities.

Friday, November 18, 2011

THANKSGIVING: A TIME TO GIVE THANKS...AND TO SUE?

I brake for holidays, so permit me a digression from the world of water law for Thanksgiving. What can the courts possibly say about "turkey day?"

A prison inmate once sued, alleging that the prison dietician violated his religious rights by including turkey in the turkey stuffing served at the Thanksgiving meal. The Court affirmed judgment for the dietician, noting that the prisoner "alleges that the turkey stuffing had turkey in it. Of course it did. If it did not have some part of the turkey in it, it would not be turkey stuffing. Milkshakes have milk. Egg noodles have eggs. Chili has chili powder." The Court concluded that the dietician was not being deceptive or intruding on the prisoner's religious freedom "by making turkey stuffing, putting turkey in it, calling it turkey stuffing and serving it to the prisoners." Thus, the stuffing case was snuffed. (Karmasu v. Hughes, 654 N.E.2d 179, Ohio App. 1995)

Another possible use for a turkey appears in litigation between two brothers involving a business dispute. According to the Court, when one of the brothers received a Thanksgiving turkey as an employee holiday bonus, he allegedly promptly hurled it toward his brother's head. Thankfully, he missed. (Broccoli v. Broccoli, 710 A.2d 669, R.I. 1998)

Growing up in my family, there always was stiff competition for the turkey wishbone...the Super Bone game, if you will. One year, after I successfully grabbed the bone, I set it aside for future use, instead of snapping it...much like a Monopoly "get out of jail free card" is saved for when need arises. Perhaps my concern was unnecessary. In a copyright infringement case, one Thanksgiving plaintiff came up with an idea for a mass produced breakable plastic wishbone. He kept the actual wishbone from his Thanksgiving turkey to use as a model for a prototype and later production. (Lucky Break Wishbone Corp. v. Sears, Roebuck & Co., 528 F.Supp.2d 1106, W>D> Wash. 2007)

I do not know whether wishes made on a plastic wishbone are more or less likely to be granted. I do not mind turkey giblets in my turkey stuffing. I have no plans to hurl at a relative a turkey like a football thrown during a Thanksgiving game.

However, one sure thing I can wish for, and be thankful for, is a tall glass of cool drinking water with my turkey dinner. Happy Thanksgiving!